80 FR 37235 - Marine Mammals; File No. 15537
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 80, Issue 125 (June 30, 2015)
National Oceanic and Atmospheric Administration
Federal Register Volume 80, Issue 125 (June 30, 2015)
| Page Range | 37235-37236 | |
| FR Document | 2015-16009 |
[Federal Register Volume 80, Number 125 (Tuesday, June 30, 2015)] [Notices] [Pages 37235-37236] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-16009] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RIN 0648-XA756] Marine Mammals; File No. 15537 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; request for comment on permit amendment. ----------------------------------------------------------------------- SUMMARY: Notice is hereby given that NMFS is considering an amendment to Permit No. 15337 issued to the Institute for Marine Mammal Studies (IMMS), P.O. Box 207, Gulfport, MS 39502 (Dr. Moby Solangi, Responsible Party). This permit authorizes the acquisition of stranded, releasable California sea lions (Zalophus californianus) from the National Marine Mammal Health and Stranding Response Program for the purposes of public display. The permit amendment is in response to a court decision to remand this permit to NMFS for reconsideration. DATES: Written, telefaxed, or email comments must be received on or before July 30, 2015. ADDRESSES: The current permit and related documents are available for review online at http://www.nmfs.noaa.gov/pr/permits/review.htm or upon written request or by appointment in the following office: Permits and Conservation Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone (301) 427-8401; fax (301) 713-0376. FOR FURTHER INFORMATION CONTACT: Jennifer Skidmore or Amy Sloan, (301) 427-8401. SUPPLEMENTARY INFORMATION: The permit was issued on October 5, 2011, under the authority of the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361 et seq.), and the regulations governing the taking and importing of marine mammals (50 CFR part 216). NMFS received several comments from members of the Marine Mammal Stranding Network and animal welfare organizations during the 30-day public comment period for the application that objected to animals undergoing rehabilitation and deemed fit for return to the wild being placed in public display, which commenters said contradicts the goals and mission of the Marine Mammal Stranding Network. Based in part on those comments and as explained in the memorandum documenting the decision on this permit, we included the following conditions in the permit: Condition B.2: This permit does not guarantee that the Permit Holder will be able to obtain any releasable sea lions from rehabilitation facilities, and does not require NMFS to direct any rehabilitation facilities to provide the Permit Holder with releasable sea lions. Thus, NMFS will not make arrangements for animals to be provided to IMMS, and rehabilitation facilities are under no obligation to provide animals to fulfill this permit. And Condition B.3: The Permit Holder is solely responsible for entering into cooperative agreements with partnering rehabilitation facilities, and must work directly with the facilities to be notified of any potential candidate animals to be acquired under this Permit. After NMFS issued the permit, IMMS challenged the above provisions in U.S. District Court. As described in the Court's opinion, the Court remanded the permit to NMFS for reconsideration. IMMS v. NMFS, No. 1:11CV318-LG-JMR (S.D. Miss. 2014). NMFS is, therefore, proposing to remove Permit Condition B.3 and amend Permit Condition B.2 of the issued permit to state the following: Condition B.2: This permit does not guarantee that the Permit Holder will be able to obtain any releasable sea lions from rehabilitation facilities, and does not require NMFS to direct or make arrangements for any rehabilitation facilities to provide the Permit Holder with releasable sea lions. Since NMFS does not maintain real-time information regarding releasable sea lions in the stranding network, the Permit Holder should work initially with the rehabilitation facilities to be notified of any potential candidate animals to be acquired under this Permit. Final decisions with respect to use of rehabilitated marine mammals for public display purposes in lieu of take from the wild are at the ultimate discretion of the Office Director in accordance with 50 CFR 216.27(b)(4). In accordance with NMFS' Memorandum in Opposition to Motion to Alter or Amend the Court's Judgment [[Page 37236]] in the aforementioned case, NMFS is seeking comments from the public specifically on these proposed revisions. In addition, NMFS is proposing to extend the permit for one additional year, to expire on October 5, 2017, since the permit has been in litigation, was never initially signed by the applicant, and, therefore, was never invoked. In compliance with the National Environmental Policy Act (NEPA) of 1969 (42 U.S.C. 4321 et seq.), an environmental assessment (EA) was prepared for issuance of the original permit, which resulted in a finding of no significant impact. An initial determination has been made that no further NEPA analysis is necessary as the changes requested in the proposed amendment will not change the effects to the human environment in a manner not previously considered in the EA for Permit No. 15337. Dated: June 24, 2015. Julia Harrison, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2015-16009 Filed 6-29-15; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 80, No. 125 / Tuesday, June 30, 2015 / Notices 37235
of the other contained elements; (2) the 7212.20.0000, 7212.30.1030, 7212.30.1090, SUPPLEMENTARY INFORMATION: The
carbon content is 2 percent or less, by weight; 7212.30.3000, 7212.30.5000, 7212.40.1000, permit was issued on October 5, 2011,
and (3) none of the elements listed below 7212.40.5000, 7212.50.0000, and under the authority of the Marine
exceeds the quantity, by weight, respectively 7212.60.0000. Mammal Protection Act of 1972, as
indicated: The products subject to the investigations
• 2.50 percent of manganese, or may also enter under the following HTSUS
amended (16 U.S.C. 1361 et seq.), and
• 3.30 percent of silicon, or item numbers: 7210.90.1000, 7215.90.1000, the regulations governing the taking and
• 1.50 percent of copper, or 7215.90.3000, 7215.90.5000, 7217.20.1500, importing of marine mammals (50 CFR
• 1.50 percent of aluminum, or 7217.30.1530, 7217.30.1560, 7217.90.1000, part 216). NMFS received several
• 1.25 percent of chromium, or 7217.90.5030, 7217.90.5060, 7217.90.5090, comments from members of the Marine
• 0.30 percent of cobalt, or 7225.91.0000, 7225.92.0000, 7225.99.0090, Mammal Stranding Network and animal
• 0.40 percent of lead, or 7226.99.0110, 7226.99.0130, 7226.99.0180, welfare organizations during the 30-day
• 2.00 percent of nickel, or 7228.60.6000, 7228.60.8000, and public comment period for the
• 0.30 percent of tungsten (also called 7229.90.1000.
wolfram), or application that objected to animals
The HTSUS subheadings above are
• 0.80 percent of molybdenum, or provided for convenience and customs
undergoing rehabilitation and deemed
• 0.10 percent of niobium (also called purposes only. The written description of the fit for return to the wild being placed in
columbium), or scope of the investigations is dispositive. public display, which commenters said
• 0.30 percent of vanadium, or contradicts the goals and mission of the
[FR Doc. 2015–16061 Filed 6–29–15; 8:45 am]
• 0.30 percent of zirconium Marine Mammal Stranding Network.
Unless specifically excluded, products are BILLING CODE 3510–DS–P
Based in part on those comments and as
included in this scope regardless of levels of explained in the memorandum
boron and titanium.
For example, specifically included in this DEPARTMENT OF COMMERCE documenting the decision on this
scope are vacuum degassed, fully stabilized permit, we included the following
(commonly referred to as interstitial-free (IF)) National Oceanic and Atmospheric conditions in the permit:
steels and high strength low alloy (HSLA) Administration Condition B.2: This permit does not
steels. IF steels are recognized as low carbon guarantee that the Permit Holder will be able
steels with micro-alloying levels of elements [RIN 0648–XA756] to obtain any releasable sea lions from
such as titanium and/or niobium added to rehabilitation facilities, and does not require
stabilize carbon and nitrogen elements. Marine Mammals; File No. 15537 NMFS to direct any rehabilitation facilities to
HSLA steels are recognized as steels with provide the Permit Holder with releasable sea
micro-alloying levels of elements such as AGENCY: National Marine Fisheries lions. Thus, NMFS will not make
chromium, copper, niobium, titanium, Service (NMFS), National Oceanic and arrangements for animals to be provided to
vanadium, and molybdenum. Atmospheric Administration (NOAA), IMMS, and rehabilitation facilities are under
Furthermore, this scope also includes no obligation to provide animals to fulfill this
Advanced High Strength Steels (AHSS) and
Commerce. permit. And Condition B.3: The Permit
Ultra High Strength Steels (UHSS), both of ACTION: Notice; request for comment on Holder is solely responsible for entering into
which are considered high tensile strength permit amendment. cooperative agreements with partnering
and high elongation steels. rehabilitation facilities, and must work
All products that meet the written physical SUMMARY: Notice is hereby given that directly with the facilities to be notified of
description, and in which the chemistry NMFS is considering an amendment to any potential candidate animals to be
quantities do not exceed any one of the noted Permit No. 15337 issued to the Institute acquired under this Permit.
element levels listed above, are within the for Marine Mammal Studies (IMMS), After NMFS issued the permit, IMMS
scope of these investigations unless P.O. Box 207, Gulfport, MS 39502 (Dr. challenged the above provisions in U.S.
specifically excluded. The following
Moby Solangi, Responsible Party). This District Court. As described in the
products are outside of and/or specifically
excluded from the scope of these permit authorizes the acquisition of Court’s opinion, the Court remanded the
investigations: stranded, releasable California sea lions permit to NMFS for reconsideration.
• Flat-rolled steel products either plated or (Zalophus californianus) from the IMMS v. NMFS, No. 1:11CV318–LG–JMR
coated with tin, lead, chromium, chromium National Marine Mammal Health and (S.D. Miss. 2014). NMFS is, therefore,
oxides, both tin and lead (‘‘terne plate’’), or Stranding Response Program for the proposing to remove Permit Condition
both chromium and chromium oxides (‘‘tin purposes of public display. The permit B.3 and amend Permit Condition B.2 of
free steel’’), whether or not painted, amendment is in response to a court the issued permit to state the following:
varnished or coated with plastics or other decision to remand this permit to NMFS
non-metallic substances in addition to the Condition B.2: This permit does not
for reconsideration. guarantee that the Permit Holder will be able
metallic coating;
• Clad products in straight lengths of DATES: Written, telefaxed, or email to obtain any releasable sea lions from
4.7625 mm or more in composite thickness comments must be received on or before rehabilitation facilities, and does not require
and of a width which exceeds 150 mm and July 30, 2015. NMFS to direct or make arrangements for any
measures at least twice the thickness; and rehabilitation facilities to provide the Permit
ADDRESSES: The current permit and Holder with releasable sea lions. Since NMFS
• Certain clad stainless flat-rolled
related documents are available for does not maintain real-time information
products, which are three-layered corrosion-
resistant flat-rolled steel products less than review online at http:// regarding releasable sea lions in the stranding
www.nmfs.noaa.gov/pr/permits/ network, the Permit Holder should work
4.75 mm in composite thickness that consist
review.htm or upon written request or initially with the rehabilitation facilities to be
of a flat-rolled steel product clad on both
by appointment in the following office: notified of any potential candidate animals to
sides with stainless steel in a 20%–60%–
asabaliauskas on DSK5VPTVN1PROD with NOTICES
be acquired under this Permit. Final
20% ratio. Permits and Conservation Division, decisions with respect to use of rehabilitated
The products subject to the investigations Office of Protected Resources, NMFS, marine mammals for public display purposes
are currently classified in the Harmonized 1315 East-West Highway, Room 13705, in lieu of take from the wild are at the
Tariff Schedule of the United States (HTSUS) Silver Spring, MD 20910; phone (301) ultimate discretion of the Office Director in
under item numbers: 7210.30.0030, accordance with 50 CFR 216.27(b)(4).
427–8401; fax (301) 713–0376.
7210.30.0060, 7210.41.0000, 7210.49.0030,
7210.49.0091, 7210.49.0095, 7210.61.0000, FOR FURTHER INFORMATION CONTACT: In accordance with NMFS’
7210.69.0000, 7210.70.6030, 7210.70.6060, Jennifer Skidmore or Amy Sloan, (301) Memorandum in Opposition to Motion
7210.70.6090, 7210.90.6000, 7210.90.9000, 427–8401. to Alter or Amend the Court’s Judgment
VerDate Sep<11>2014 17:34 Jun 29, 2015 Jkt 235001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\30JNN1.SGM 30JNN1](https://thefederalregister.org/doc/80_FR_37360/page/1.svg)
![37236 Federal Register / Vol. 80, No. 125 / Tuesday, June 30, 2015 / Notices
in the aforementioned case, NMFS is promulgating standards for believe will contribute to the
seeking comments from the public hydrographic data and services; effectiveness of this Panel.
specifically on these proposed revisions. ensuring comprehensive geographic (4) Describe your familiarity and
In addition, NMFS is proposing to coverage of hydrographic services; and experience with NOAA navigation data,
extend the permit for one additional testing, developing, and operating products, and services.
year, to expire on October 5, 2017, since vessels, equipment, and technologies (5) Generally describe the breadth and
the permit has been in litigation, was necessary to ensure safe navigation and scope of stakeholders, users, or other
never initially signed by the applicant, maintain operational expertise in groups whose views and input you
and, therefore, was never invoked. hydrographic data acquisition and believe you can represent on the Panel.
In compliance with the National hydrographic services. DATES: Cover letter, responses, and
Environmental Policy Act (NEPA) of The Act states that ‘‘voting members current resume materials should be
1969 (42 U.S.C. 4321 et seq.), an of the Panel shall be individuals who, submitted electronically or sent to the
environmental assessment (EA) was by reason of knowledge, experience, or address specified below under further
prepared for issuance of the original training, are especially qualified in one contact information. All materials must
permit, which resulted in a finding of or more of the disciplines and fields be received by August 10, 2015.
no significant impact. An initial relating to hydrographic data and ADDRESSES: Submit your cover letter,
determination has been made that no hydrographic services, marine responses, and current resume materials
further NEPA analysis is necessary as transportation, port administration, electronically to Hydroservices.panel@
the changes requested in the proposed vessel pilotage, coastal and fishery noaa.gov.
amendment will not change the effects management, and other disciplines as
to the human environment in a manner determined appropriate by the FOR FURTHER INFORMATION CONTACT:
not previously considered in the EA for Administrator.’’ As such, the NOAA Lynne Mersfelder-Lewis, HSRP Program
Permit No. 15337. Administrator welcomes applications Manager, NOAA National Ocean
Dated: June 24, 2015. from individuals with expertise in Service, Office of Coast Survey, NOAA
marine navigation, port administration, (N/CS), 1315 East West Highway,
Julia Harrison,
marine shipping or other intermodal SSMC3 Rm 6864, Silver Spring,
Chief, Permits and Conservation Division, Maryland 20910; Telephone: 301–713–
Office of Protected Resources, National transportation industries, cartography
Marine Fisheries Service. and geographic information systems, 2705 x199, Email: Hydroservices.panel@
geospatial data management, geodesy, noaa.gov or Lynne.Mersfelder@
[FR Doc. 2015–16009 Filed 6–29–15; 8:45 am]
physical oceanography, coastal resource noaa.gov; or visit the NOS HSRP Web
BILLING CODE 3510–22–P
management, including coastal site at http://
resilience and emergency response, and www.nauticalcharts.noaa.gov/ocs/hsrp/
other related fields. As a Federal hsrp.htm.
DEPARTMENT OF COMMERCE
Advisory Committee, NOAA seeks to SUPPLEMENTARY INFORMATION: Under 33
National Oceanic and Atmospheric balance the HSRP composition to ensure U.S.C. 883a, et seq., NOAA’s National
Administration a range of membership viewpoints, Ocean Service (NOS) is responsible for
expertise, and geographic providing nautical charts and related
Hydrographic Services Review Panel; representation. information for safe navigation. NOS
Membership Solicitation To apply for membership on the collects and compiles hydrographic,
AGENCY: National Ocean Service, Panel, applicants are asked to provide: tidal and current, geodetic, and a variety
National Oceanic and Atmospheric (1) A cover letter that responds to the of other data in order to fulfill this
Administration (NOAA), Department of five ‘‘Short Response Questions’’ listed responsibility. The HSRP provides
Commerce. below as a statement of interest to serve advice on current and emerging
ACTION: Notice of membership
on the Panel, and to highlight specific oceanographic and marine science
solicitation for Hydrographic Services areas of expertise relevant to the technologies relating to operations,
Review Panel. purpose of the Panel; (2) the nominee’s research and development; and
area(s) of expertise from the list above; dissemination of data pertaining to:
SUMMARY: In accordance with the (3) a current resume; and (4) the (a) Hydrographic surveying;
Hydrographic Service Improvements nominee’s full name, title, institutional (b) shoreline surveying;
Act of 1998, as amended (33 U.S.C. 892 affiliation, and contact information. (c) nautical charting;
et seq.), the National Oceanic and Applications should be submitted (d) water level measurements;
Atmospheric Administration (NOAA) is electronically to the email address (e) current measurements;
soliciting nominations for membership specified below or use the nomination (f) geodetic measurements;
on its Hydrographic Services Review form at the following address, http:// (g) geospatial measurements;
Panel (HSRP). The HSRP, a Federal www.nauticalcharts.noaa.gov/ocs/hsrp/ (h) geomagnetic measurements; and
advisory committee, advises the hsrp.htm. The entire package should be (i) other oceanographic/marine related
Administrator on matters related to the 6 pages or fewer in total. NOAA is an sciences.
responsibilities and authorities set forth equal opportunity employer. The Panel has fifteen voting members
in section 303 of the Hydrographic Short Response Questions appointed by the NOAA Administrator
Services Improvement Act and such in accordance with 33 U.S.C. 892c.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
other appropriate matters as the (1) List the area(s) of expertise, as Members are selected on a standardized
Administrator refers to the Panel for listed above, which you would best basis, in accordance with applicable
review and advice. Those represent on this Panel. Department of Commerce guidance. In
responsibilities and authorities include, (2) List the geographic region(s) of the addition, there are four non-voting
but are not limited to: Acquiring and country with which you primarily members that serve on the Panel: The
disseminating hydrographic data and associate your expertise. Co-Directors of the NOAA-University of
providing hydrographic services, as (3) Describe your leadership or New Hampshire Joint Hydrographic
those terms are defined in the Act; professional experiences which you Center/Center for Coastal and Ocean
VerDate Sep<11>2014 17:34 Jun 29, 2015 Jkt 235001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\30JNN1.SGM 30JNN1](https://thefederalregister.org/doc/80_FR_37360/page/2.svg)
Document Created: 2018-02-22 11:17:28
Document Modified: 2018-02-22 11:17:28
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice; request for comment on permit amendment. | |
| Dates | Written, telefaxed, or email comments must be received on or before July 30, 2015. | |
| Contact | Jennifer Skidmore or Amy Sloan, (301) 427-8401. | |
| FR Citation | 80 FR 37235 |
2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR